Forbus v. Knight

Plaintiff brought suit against the defendants to recover damages and to enjoin the continuance of an alleged nuisance threatening further damage to her real property. As grounds for the action, the complaint as subsequently amended alleged that the roots of a certain tree situated on land owned by the defendants invaded plaintiff’s property and periodically clogged her sewer pipe line, causing sewage to back up into the basement of her house; and that such results would recur intermittently unless the nuisance was abated. Trial before the court without a jury resulted in a judgment dismissing…